Sen. Iris Y. Martinez
Filed: 3/14/2019
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1 | AMENDMENT TO SENATE BILL 201
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2 | AMENDMENT NO. ______. Amend Senate Bill 201 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Wildlife Code is amended by changing | ||||||
5 | Sections 2.18-1 and 2.33 as follows:
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6 | (520 ILCS 5/2.18-1) (from Ch. 61, par. 2.18-1)
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7 | Sec. 2.18-1.
(a) It shall be lawful for any person who | ||||||
8 | holds the licenses,
permits and stamps required by this Act for | ||||||
9 | the taking of migratory waterfowl
to use , in addition to or in | ||||||
10 | lieu of any other authorized ammunition, either
lead or steel | ||||||
11 | and other non-toxic shotshells as approved by the United States | ||||||
12 | Fish and Wildlife Service when shotgun pellets in taking such | ||||||
13 | waterfowl at any location in
the State where the hunting of | ||||||
14 | migratory waterfowl is authorized ,
except as provided under | ||||||
15 | subsection (b) of this Section and at specific
sites where | ||||||
16 | there are documented cases of lead poisoning
of waterfowl and |
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1 | all alternative methods of alleviating lead poisoning (such
as | ||||||
2 | dewatering, flooding and/or tillage) have been determined to be | ||||||
3 | unsuccessful
in preventing lead poisoning losses of waterfowl . | ||||||
4 | At such specific sites,
shot shell ammunition containing | ||||||
5 | non-toxic pellets, such as steel, shall
be used. These specific | ||||||
6 | sites may be designated
by the Department after statewide | ||||||
7 | public hearings have been conducted and
the results of such | ||||||
8 | hearings have been reviewed.
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9 | (b) The Department shall be authorized to designate by | ||||||
10 | rule,
pursuant to the Illinois Administrative Procedure Act, | ||||||
11 | areas that shall be
limited to the use of non-toxic
pellets ; | ||||||
12 | provided, however, that such authorization shall only exist for
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13 | those areas which the federal government has mandated shall be | ||||||
14 | closed to
all waterfowl hunting unless the State agrees to the | ||||||
15 | prohibition of the use
of toxic shotgun pellets .
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16 | No State agency shall issue or make any rule, regulation, | ||||||
17 | order or agreement
which is in conflict with this Section.
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18 | (Source: P.A. 91-357, eff. 7-29-99.)
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19 | (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
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20 | Sec. 2.33. Prohibitions.
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21 | (a) It is unlawful to carry or possess any gun in any
State | ||||||
22 | refuge unless otherwise permitted by administrative rule.
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23 | (b) It is unlawful to use or possess any snare or | ||||||
24 | snare-like device,
deadfall, net, or pit trap to take any | ||||||
25 | species, except that snares not
powered by springs or other |
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1 | mechanical devices may be used to trap
fur-bearing mammals, in | ||||||
2 | water sets only, if at least one-half of the snare
noose is | ||||||
3 | located underwater at all times.
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4 | (c) It is unlawful for any person at any time to take a | ||||||
5 | wild mammal
protected by this Act from its den by means of any | ||||||
6 | mechanical device,
spade, or digging device or to use smoke or | ||||||
7 | other gases to dislodge or
remove such mammal except as | ||||||
8 | provided in Section 2.37.
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9 | (d) It is unlawful to use a ferret or any other small | ||||||
10 | mammal which is
used in the same or similar manner for which | ||||||
11 | ferrets are used for the
purpose of frightening or driving any | ||||||
12 | mammals from their dens or hiding places.
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13 | (e) (Blank).
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14 | (f) It is unlawful to use spears, gigs, hooks or any like | ||||||
15 | device to
take any species protected by this Act.
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16 | (g) It is unlawful to use poisons, chemicals or explosives | ||||||
17 | for the
purpose of taking any species protected by this Act.
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18 | (h) It is unlawful to hunt adjacent to or near any peat, | ||||||
19 | grass,
brush or other inflammable substance when it is burning.
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20 | (i) It is unlawful to take, pursue or intentionally harass | ||||||
21 | or disturb
in any manner any wild birds or mammals by use or | ||||||
22 | aid of any vehicle or
conveyance, except as permitted by the | ||||||
23 | Code of Federal Regulations for the
taking of waterfowl. It is | ||||||
24 | also unlawful to use the lights of any vehicle
or conveyance or | ||||||
25 | any light from or any light connected to the
vehicle or | ||||||
26 | conveyance in any area where wildlife may be found except in
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1 | accordance with Section 2.37 of this Act; however, nothing in | ||||||
2 | this
Section shall prohibit the normal use of headlamps for the | ||||||
3 | purpose of driving
upon a roadway. Striped skunk, opossum, red | ||||||
4 | fox, gray
fox, raccoon, bobcat, and coyote may be taken during | ||||||
5 | the open season by use of a small
light which is worn on the | ||||||
6 | body or hand-held by a person on foot and not in any
vehicle.
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7 | (j) It is unlawful to use any shotgun larger than 10 gauge | ||||||
8 | while
taking or attempting to take any of the species protected | ||||||
9 | by this Act.
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10 | (k) It is unlawful to use or possess in the field any | ||||||
11 | shotgun shell loaded
with a shot size larger than lead BB or | ||||||
12 | steel T (.20 diameter) when taking or
attempting to take any | ||||||
13 | species of wild game mammals (excluding white-tailed
deer), | ||||||
14 | wild game birds, migratory waterfowl or migratory game birds | ||||||
15 | protected
by this Act, except white-tailed deer as provided for | ||||||
16 | in Section 2.26 and other
species as provided for by subsection | ||||||
17 | (l) or administrative rule.
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18 | (l) It is unlawful to take any species of wild game, except
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19 | white-tailed deer and fur-bearing mammals, with a shotgun | ||||||
20 | loaded with slugs unless otherwise
provided for by | ||||||
21 | administrative rule.
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22 | (m) It is unlawful to use any shotgun larger than 10 gauge | ||||||
23 | or smaller than a .410 bore to take species protected by this | ||||||
24 | Act; however, nothing shall prohibit the use of a shotgun, not | ||||||
25 | larger than 10 gauge nor smaller than a 20 gauge, with a rifled | ||||||
26 | barrel. It is unlawful to use any shotgun capable of holding |
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1 | more than 3
shells in the magazine or chamber combined, except | ||||||
2 | on game breeding and
hunting preserve areas licensed under | ||||||
3 | Section 3.27 and except as permitted by
the Code of Federal | ||||||
4 | Regulations for the taking of waterfowl. If the shotgun
is | ||||||
5 | capable of holding more than 3 shells, it shall, while being | ||||||
6 | used on an
area other than a game breeding and shooting | ||||||
7 | preserve area licensed
pursuant to Section 3.27, be fitted with | ||||||
8 | a one piece plug that is
irremovable without dismantling the | ||||||
9 | shotgun or otherwise altered to
render it incapable of holding | ||||||
10 | more than 3 shells in the magazine and
chamber, combined.
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11 | (n) It is unlawful for any person, except persons who | ||||||
12 | possess a permit to
hunt from a vehicle as provided in this | ||||||
13 | Section and persons otherwise permitted
by law, to have or | ||||||
14 | carry any gun in or on any vehicle, conveyance or aircraft,
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15 | unless such gun is unloaded and enclosed in a case, except that | ||||||
16 | at field trials
authorized by Section 2.34 of this Act, | ||||||
17 | unloaded guns or guns loaded with blank
cartridges only, may be | ||||||
18 | carried on horseback while not contained in a case, or
to have | ||||||
19 | or carry any bow or arrow device in or on any vehicle unless | ||||||
20 | such bow
or arrow device is unstrung or enclosed in a case, or | ||||||
21 | otherwise made
inoperable.
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22 | (o) (Blank).
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23 | (p) It is unlawful to take game birds, migratory game birds | ||||||
24 | or
migratory waterfowl with a rifle, pistol, revolver or | ||||||
25 | airgun.
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26 | (q) It is unlawful to fire a rifle, pistol, revolver or |
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1 | airgun on,
over or into any waters of this State, including | ||||||
2 | frozen waters.
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3 | (r) It is unlawful to discharge any gun or bow and arrow | ||||||
4 | device
along, upon, across, or from any public right-of-way or | ||||||
5 | highway in this State.
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6 | (s) It is unlawful to use a silencer or other device to | ||||||
7 | muffle or
mute the sound of the explosion or report resulting | ||||||
8 | from the firing of
any gun.
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9 | (t) It is unlawful for any person to take or attempt to | ||||||
10 | take any species of wildlife or parts thereof, intentionally or | ||||||
11 | wantonly allow a dog to
hunt, within or upon the land of | ||||||
12 | another, or upon waters flowing over or
standing on the land of | ||||||
13 | another, or to knowingly shoot a gun or bow and arrow device at | ||||||
14 | any wildlife physically on or flying over the property of | ||||||
15 | another without first obtaining permission from
the owner or | ||||||
16 | the owner's designee. For the purposes of this Section, the | ||||||
17 | owner's designee means anyone who the owner designates in a | ||||||
18 | written authorization and the authorization must contain (i) | ||||||
19 | the legal or common description of property for such authority | ||||||
20 | is given, (ii) the extent that the owner's designee is | ||||||
21 | authorized to make decisions regarding who is allowed to take | ||||||
22 | or attempt to take any species of wildlife or parts thereof, | ||||||
23 | and (iii) the owner's notarized signature. Before enforcing | ||||||
24 | this
Section the law enforcement officer must have received | ||||||
25 | notice from the
owner or the owner's designee of a violation of | ||||||
26 | this Section. Statements made to the
law enforcement officer |
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1 | regarding this notice shall not be rendered
inadmissible by the | ||||||
2 | hearsay rule when offered for the purpose of showing the
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3 | required notice.
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4 | (u) It is unlawful for any person to discharge any firearm | ||||||
5 | for the purpose
of taking any of the species protected by this | ||||||
6 | Act, or hunt with gun or
dog, or intentionally or wantonly | ||||||
7 | allow a dog to hunt, within 300 yards of an inhabited dwelling | ||||||
8 | without
first obtaining permission from the owner or tenant, | ||||||
9 | except that while
trapping, hunting with bow and arrow, hunting | ||||||
10 | with dog and shotgun using shot
shells only, or hunting with | ||||||
11 | shotgun using shot shells only, or providing outfitting | ||||||
12 | services under a waterfowl outfitter permit, or
on licensed | ||||||
13 | game breeding and hunting preserve areas, as defined in Section
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14 | 3.27, on
federally owned and managed lands and on Department | ||||||
15 | owned, managed, leased, or
controlled lands, a 100 yard | ||||||
16 | restriction shall apply.
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17 | (v) It is unlawful for any person to remove fur-bearing | ||||||
18 | mammals from, or
to move or disturb in any manner, the traps | ||||||
19 | owned by another person without
written authorization of the | ||||||
20 | owner to do so.
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21 | (w) It is unlawful for any owner of a dog to knowingly or | ||||||
22 | wantonly allow
his or her dog to pursue, harass or kill deer, | ||||||
23 | except that nothing in this Section shall prohibit the tracking | ||||||
24 | of wounded deer with a dog in accordance with the provisions of | ||||||
25 | Section 2.26 of this Code.
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26 | (x) It is unlawful for any person to wantonly or carelessly |
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1 | injure
or destroy, in any manner whatsoever, any real or | ||||||
2 | personal property on
the land of another while engaged in | ||||||
3 | hunting or trapping thereon.
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4 | (y) It is unlawful to hunt wild game protected by this Act | ||||||
5 | between one
half hour after sunset and one half hour before | ||||||
6 | sunrise, except that
hunting hours between one half hour after | ||||||
7 | sunset and one half hour
before sunrise may be established by | ||||||
8 | administrative rule for fur-bearing
mammals.
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9 | (z) It is unlawful to take any game bird (excluding wild | ||||||
10 | turkeys and
crippled pheasants not capable of normal flight and | ||||||
11 | otherwise irretrievable)
protected by this Act when not flying. | ||||||
12 | Nothing in this Section shall prohibit
a person from carrying | ||||||
13 | an uncased, unloaded shotgun in a boat, while in pursuit
of a | ||||||
14 | crippled migratory waterfowl that is incapable of normal | ||||||
15 | flight, for the
purpose of attempting to reduce the migratory | ||||||
16 | waterfowl to possession, provided
that the attempt is made | ||||||
17 | immediately upon downing the migratory waterfowl and
is done | ||||||
18 | within 400 yards of the blind from which the migratory | ||||||
19 | waterfowl was
downed. This exception shall apply only to | ||||||
20 | migratory game birds that are not
capable of normal flight. | ||||||
21 | Migratory waterfowl that are crippled may be taken
only with a | ||||||
22 | shotgun as regulated by subsection (j) of this Section using
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23 | shotgun shells as regulated in subsection (k) of this Section.
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24 | (aa) It is unlawful to use or possess any device that may | ||||||
25 | be used for
tree climbing or cutting, while hunting fur-bearing | ||||||
26 | mammals, excluding coyotes.
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1 | (bb) It is unlawful for any person, except licensed game | ||||||
2 | breeders,
pursuant to Section 2.29 to import, carry into, or | ||||||
3 | possess alive in this
State any species of wildlife taken | ||||||
4 | outside of this State, without
obtaining permission to do so | ||||||
5 | from the Director.
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6 | (cc) It is unlawful for any person to have in his or her
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7 | possession any freshly killed species protected by this Act | ||||||
8 | during the season
closed for taking.
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9 | (dd) It is unlawful to take any species protected by this | ||||||
10 | Act and retain
it alive except as provided by administrative | ||||||
11 | rule.
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12 | (ee) It is unlawful to possess any rifle while in the field | ||||||
13 | during gun
deer season except as provided in Section 2.26 and | ||||||
14 | administrative rules.
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15 | (ff) It is unlawful for any person to take any species | ||||||
16 | protected by
this Act, except migratory waterfowl, during the | ||||||
17 | gun deer hunting season in
those counties open to gun deer | ||||||
18 | hunting, unless he or she wears, when in
the field, a cap and | ||||||
19 | upper outer garment of a solid blaze orange color or solid | ||||||
20 | blaze pink color, with
such articles of clothing displaying a | ||||||
21 | minimum of 400 square inches of
blaze orange or solid blaze | ||||||
22 | pink color material.
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23 | (gg) It is unlawful during the upland game season for any | ||||||
24 | person to take
upland game with a firearm unless he or she | ||||||
25 | wears, while in the field, a
cap of solid blaze orange color or | ||||||
26 | solid blaze pink color. For purposes of this Act, upland game |
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1 | is
defined as Bobwhite Quail, Hungarian Partridge, Ring-necked | ||||||
2 | Pheasant, Eastern
Cottontail and Swamp Rabbit.
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3 | (hh) It shall be unlawful to kill or cripple any species | ||||||
4 | protected by
this Act for which there is a bag limit without | ||||||
5 | making a reasonable
effort to retrieve such species and include | ||||||
6 | such in the bag limit. It shall be unlawful for any person | ||||||
7 | having control over harvested game mammals, game birds, or | ||||||
8 | migratory game birds for which there is a bag limit to wantonly | ||||||
9 | waste or destroy the usable meat of the game, except this shall | ||||||
10 | not apply to wildlife taken under Sections 2.37 or 3.22 of this | ||||||
11 | Code. For purposes of this subsection, "usable meat" means the | ||||||
12 | breast meat of a game bird or migratory game bird and the hind | ||||||
13 | ham and front shoulders of a game mammal. It shall be unlawful | ||||||
14 | for any person to place, leave, dump, or abandon a wildlife | ||||||
15 | carcass or parts of it along or upon a public right-of-way or | ||||||
16 | highway or on public or private property, including a waterway | ||||||
17 | or stream, without the permission of the owner or tenant. It | ||||||
18 | shall not be unlawful to discard game meat that is determined | ||||||
19 | to be unfit for human consumption.
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20 | (ii) This Section shall apply only to those species | ||||||
21 | protected by this
Act taken within the State. Any species or | ||||||
22 | any parts thereof, legally taken
in and transported from other | ||||||
23 | states or countries, may be possessed
within the State, except | ||||||
24 | as provided in this Section and Sections 2.35, 2.36
and 3.21.
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25 | (jj) (Blank).
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26 | (kk) Nothing contained in this Section shall prohibit the |
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1 | Director
from issuing permits to paraplegics or to other | ||||||
2 | persons with disabilities who meet the
requirements set forth | ||||||
3 | in administrative rule to shoot or hunt from a vehicle
as | ||||||
4 | provided by that rule, provided that such is otherwise in | ||||||
5 | accord with this
Act.
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6 | (ll) Nothing contained in this Act shall prohibit the | ||||||
7 | taking of aquatic
life protected by the Fish and Aquatic Life | ||||||
8 | Code or birds and mammals
protected by this Act, except deer | ||||||
9 | and fur-bearing mammals, from a boat not
camouflaged or | ||||||
10 | disguised to alter its identity or to further provide a place
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11 | of concealment and not propelled by sail or mechanical power. | ||||||
12 | However, only
shotguns not larger than 10 gauge nor smaller | ||||||
13 | than .410 bore loaded with not
more than 3 shells of a shot | ||||||
14 | size no larger than lead BB or steel T (.20
diameter) may be | ||||||
15 | used to take species protected by this Act.
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16 | (mm) Nothing contained in this Act shall prohibit the use | ||||||
17 | of a shotgun,
not larger than 10 gauge nor smaller than a 20 | ||||||
18 | gauge, with a rifled barrel.
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19 | (nn) It shall be unlawful to possess any species of | ||||||
20 | wildlife or wildlife parts taken unlawfully in Illinois, any | ||||||
21 | other state, or any other country, whether or not the wildlife | ||||||
22 | or wildlife parts is indigenous to Illinois. For the purposes | ||||||
23 | of this subsection, the statute of limitations for unlawful | ||||||
24 | possession of wildlife or wildlife parts shall not cease until | ||||||
25 | 2 years after the possession has permanently ended. | ||||||
26 | (oo) It shall be unlawful to use lead shotshells to take |
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1 | wildlife on Department-owned properties on or after January 1, | ||||||
2 | 2022. | ||||||
3 | (Source: P.A. 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642, | ||||||
4 | eff. 7-28-16; 100-489, eff. 9-8-17; 100-949, eff. 1-1-19 .)".
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